Declaratory Judgments
(693 words)

paragraph 387 in volume 3, chapter 27, The Decision

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As seen, in the Polish Upper Silesia (Merits) case the Permanent Court had decided that Article 59 ‘does not exclude purely declaratory judgments’.1 In the Chorzów Factory (Interpretation) case, the Permanent Court explained what it meant by a declaratory judgment:

[T]he intention … is to ensure recognition of a situation at law, once and for all and with binding force as between the Parties; so that the legal position thus established cannot again be called in question in so…

Cite this page
Malcolm N. Shaw, “Declaratory Judgments”, in: Rosenne's Law and Practice of the International Court: 1920-2015. Consulted online on 18 August 2017 <http://dx.doi.org/10.1163/2468-5992_rose_COM_0387>
First published online: 2017
First print edition: 20161001



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